Guaranty Matters. Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Subsidiary Guarantor from its obligations under any Loan Documents if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreement. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary Guaranty Agreement pursuant to this Section 10.9. In each case as specified in this Section 10.9, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Credit Party such documents as such Credit Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty Agreement, in each case in accordance with the terms of the Loan Documents and this Section 10.9.
Appears in 7 contracts
Samples: Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP Midstream, LP), Term Loan Agreement (DCP Midstream Partners, LP)
Guaranty Matters. Each of the The Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative Agent, at its option and in its discretion discretion:
(a) to release any Lien on any property granted to or held by the Administrative Agent under any Loan Document (i) upon the termination of all Term Loan Commitments, the payment in full of all Obligations (other than contingent indemnification obligations), (ii) that is sold or to be sold as part of or in connection with any sale permitted hereunder or under any other Loan Document, or (iii) if approved, authorized or ratified in writing in accordance with Section 10.2; and
(b) to release any Subsidiary Guarantor from its obligations under any the applicable Loan Documents if such Person ceases to be (a) a Guarantor and when required pursuant to Section 7.12 or (b) a Subsidiary as a result the provisions of a transaction not prohibited by this Agreement. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor Loan Party from its obligations under a Subsidiary Guaranty Agreement the applicable Loan Documents pursuant to this Section 10.9Section. In each case as specified in this Section 10.9Section, the Administrative Agent willis authorized, at the Borrower’s expense, to execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral property from the assignment and security interest Liens granted under the Security Documents or to subordinate its interest in such itemapplicable Loan Documents, or to release such Guarantor Loan Party from its obligations under the Subsidiary Guaranty Agreementapplicable Loan Documents, in each case in accordance with the terms of the Loan Documents and this Section 10.9Section.
Appears in 4 contracts
Samples: Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.)
Guaranty Matters. Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize authorizes the Administrative Agent, at its option and in its discretion discretion, to release any Subsidiary Guarantor from its obligations under any Loan Documents the Guaranty if (x) such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted hereunder or (y) such Person ceases to qualify as a Material Subsidiary hereunder. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.99.10. In each case as specified in this Section 10.99.10, the Administrative Agent will, at the Borrower’s Borrowers’ expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.99.10.
Appears in 3 contracts
Samples: Term Loan Agreement (Potlatchdeltic Corp), Term Loan Agreement (Potlatchdeltic Corp), Term Loan Agreement (Potlatchdeltic Corp)
Guaranty Matters. Each of the The Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative Agent, at its option and in its discretion Agent to release any Subsidiary Guarantor from its obligations under any Loan Documents Document to which it is a party if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Restricted Subsidiary as a result of a transaction not prohibited by this Agreementor designation permitted hereunder; provided that no such release shall occur if such Guarantor continues to be a guarantor in respect of any Permitted Subordinated Indebtedness unless and until such Guarantor is (or is being simultaneously) released from its guarantee with respect to such Permitted Subordinated Indebtedness. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s 's authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary Guaranty Agreement the Loan Documents pursuant to this Section 10.99.11. In each case as specified in this Section 10.99.11, the Administrative Agent will, at the Borrower’s Borrowers' expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty Agreement, in each case Loan Documents in accordance with the terms of the Loan Documents and this Section 10.99.11.
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)
Guaranty Matters. Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Subsidiary Guarantor from its obligations under any Loan Documents if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted hereunder or otherwise is eligible to be released as a Subsidiary Guarantor hereunder. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a the Subsidiary Guaranty Agreement pursuant to this Section 10.914.9. In each case as specified in this Section 10.914.9, the Administrative Agent will, at the Borrower’s Borrowers’ expense, execute and deliver to the applicable Credit Party such documents as such Credit Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Subsidiary Guarantor from its obligations under the Subsidiary Guaranty Agreement, in each case Agreement in accordance with the terms of the Loan Documents and this Section 10.914.9.
Appears in 2 contracts
Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp)
Guaranty Matters. Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) Lender and each L/C Issuer irrevocably authorize authorizes the Administrative Agent, at its option and in its discretion discretion, to release any Guarantor that is a Subsidiary Guarantor of the Borrower from its obligations under any Loan Documents the Guaranty Agreement if such Person (i) ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted hereunder or (ii) becomes an Excluded Subsidiary or satisfies the Exemption Condition as a result of a transaction permitted hereunder and in accordance with the terms hereof. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items any Guarantor that is a Subsidiary of property, or to release any Subsidiary Guarantor the REIT from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.99.10. In each case as specified in this Section 10.99.10, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item Guarantor that is a Subsidiary of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor REIT from its obligations under the Subsidiary Guaranty Agreement, in each case Agreement in accordance with the terms of the Loan Documents and this Section 10.99.10.
Appears in 2 contracts
Samples: Credit Agreement (American Assets Trust, L.P.), Credit Agreement (American Assets Trust, L.P.)
Guaranty Matters. Each (a) Without limiting the provisions of Section 9.8 or Section 10.18, the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative Agent, at its the Administrative Agent’s option and in its the Administrative Agent’s discretion to release any Subsidiary Guarantor from its obligations under any Loan Documents the applicable Guaranty if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Restricted Subsidiary as a result of a transaction not prohibited by this Agreement. permitted hereunder.
(b) Upon request by the Administrative Agent at any time, the Required Requisite Lenders (or, if necessary, all Lenders) will confirm in writing the authority of the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or Agent to release any Subsidiary Guarantor from its obligations under a Subsidiary the applicable Guaranty Agreement pursuant to this Section 10.99.9. In each case as specified in this Section 10.99.9, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Credit Party such documents as such Credit Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty Agreementapplicable Guaranty, in each case in accordance with the terms of the Loan Credit Documents and this Section 10.99.9.
Appears in 2 contracts
Samples: Extended Equity Bridge Credit and Guaranty Agreement (Concordia Healthcare Corp.), Two Year Equity Bridge Credit and Guaranty Agreement (Concordia Healthcare Corp.)
Guaranty Matters. (a) Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank and a potential Hedge Bank) and each L/C Issuer irrevocably authorize the Administrative Agent, at its option and in its discretion (i) to release any Subsidiary Guarantor from its obligations under any Loan Documents the Guaranty if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary Borrower as a result of a transaction not prohibited by this Agreement. permitted hereunder (including pursuant to Section 2.14), and (ii) to release all Guarantors from their obligations under the Guaranties in connection with the release of the Guaranties provided in Section 10.22(a)(i).
(b) Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.9. 9.11.
(c) In each case as specified in this Section 10.99.11, the Administrative Agent will, at the BorrowerCompany’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.99.11.
Appears in 2 contracts
Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Guaranty Matters. Each of the The Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative AgentAgents, at its their option and in its their discretion to release any Subsidiary Guarantor from its obligations under any Loan Documents if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted under the Loan Documents. Upon request by the Administrative Agent Agents at any time, the Required Lenders Xxxxxxx will confirm in writing the Administrative Agent’s Agents’ authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.98.9. In each case as specified in this Section 10.98.9, the Administrative Agent Agents will, at the Borrower’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.98.9. If, in compliance with the terms and provisions of the Loan Documents, all or substantially all of the Equity Interests or property of any Guarantor are sold or otherwise transferred (a “Transferred Guarantor”) to a person or persons, none of which is a Loan Party, such Transferred Guarantor shall, upon the consummation of such sale or transfer, be automatically released from its obligations under this Agreement (including under Section 9.3 hereof).
Appears in 1 contract
Samples: Credit Agreement (Symantec Corp)
Guaranty Matters. Each of the Lenders and Issuing Lender (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative Agent, at its option and in its discretion discretion, to release any Subsidiary Guarantor from its obligations under any Loan Documents if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted hereunder or if Borrower has removed any Material Subsidiary designation of such Subsidiary in accordance with the requirements set forth in Section 7.12(c). Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a the Subsidiary Guaranty Agreement pursuant to this Section 10.9. In each case as specified in this Section 10.9, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Credit Party such documents as such Credit Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty Agreement, in each case in accordance with the terms of the Loan Documents and this Section 10.9.
Appears in 1 contract
Guaranty Matters. Each of the The Lenders irrevocably agree:
(including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Banka) irrevocably authorize the Administrative Agent, at its option and in its discretion to release that any Subsidiary Guarantor shall be automatically released from its obligations under any Loan Documents the Guaranty if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Restricted Subsidiary as a result of a transaction not prohibited or designation permitted hereunder; and
(b) if any Subsidiary Guarantor shall cease to be a Material Subsidiary (as certified in writing by this Agreementa Responsible Officer), such Subsidiary shall be automatically released from its obligations under any Guaranty. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.99.12. In each case as specified in this Section 10.99.12, the Administrative Agent willwill promptly (and each Lender irrevocably authorizes the Administrative Agent to), at the Borrower’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.99.12.
Appears in 1 contract
Samples: Credit Agreement (Igate Corp)
Guaranty Matters. Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Cash Management Bank, a potential Hedge Bank or Cash Management a Line Bank, as applicable) and the L/C Issuer irrevocably authorize the Administrative AgentAdministrator, at its option and in its discretion discretion, to release any Domestic Subsidiary Guarantor from its obligations under any Loan Documents the Domestic Subsidiary Guarantee if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted hereunder. Upon request by the each Co-Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative AgentAdministrator’s authority to release or subordinate its interest in particular types or items of property, or to release any Domestic Subsidiary Guarantor from its obligations under a the Domestic Subsidiary Guaranty Agreement Guarantee pursuant to this Section 10.99.11. In each case as As specified in this Section 10.99.11, the Administrative Agent Administrator will, at the Borrower’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Domestic Subsidiary Guarantor from its obligations under the Domestic Subsidiary Guaranty AgreementGuarantee, in each case in accordance with the terms of the Loan Documents and this Section 10.99.11.
Appears in 1 contract
Guaranty Matters. Each of the The Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize the Administrative Agent, at its option and in its discretion discretion, to release any Subsidiary Guarantor from its obligations under any Loan Documents if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted under the Loan Documents. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.98.9. In each case as specified in this Section 10.98.9, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.98.9. If, in compliance with the terms and provisions of the Loan Documents, all or substantially all of the Equity Interests or property of any Guarantor are sold or otherwise transferred (a “Transferred Guarantor”) to a person or persons, none of which is a Loan Party, such Transferred Guarantor shall, upon the consummation of such sale or transfer, be automatically released from its obligations under this Agreement (including under Section 9.3 hereof).
Appears in 1 contract
Samples: Term Loan Agreement (Symantec Corp)
Guaranty Matters. Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize authorizes the Administrative Agent, at its option and in its discretion discretion, to release any Guarantor that is a Subsidiary Guarantor of the Borrower from its obligations under any Loan Documents the Guaranty Agreement if such Person (i) ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted hereunder, or (ii) becomes an Excluded Subsidiary or satisfies the Exemption Condition as a result of a transaction permitted hereunder and in accordance with the terms hereof. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items any Guarantor that is a Subsidiary of property, or to release any Subsidiary Guarantor the REIT from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.99.10. In each case as specified in this Section 10.99.10, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item Guarantor that is a Subsidiary of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor REIT from its obligations under the Subsidiary Guaranty Agreement, in each case Agreement in accordance with the terms of the Loan Documents and this Section 10.99.10.
Appears in 1 contract
Guaranty Matters. (a) Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank and a potential Hedge Bank) and each L/C Issuer irrevocably authorize the Administrative Agent, at its option and in its discretion (i) to release any Subsidiary Guarantor from its obligations under any Loan Documents the Guaranty if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary Borrower as a result of a transaction not prohibited by this Agreement. permitted hereunder, and (ii) to release all Guarantors from their obligations under the Guaranties in connection with the release of the Guaranties provided in Section 10.22(a)(i).
(b) Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.9. 9.11.
(c) In each case as specified in this Section 10.99.11, the Administrative Agent will, at the BorrowerCompany’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.99.11.
Appears in 1 contract
Guaranty Matters. Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank) irrevocably authorize authorizes the Administrative Agent, at its option and in its discretion discretion, to release any Guarantor that is a Subsidiary Guarantor of the Borrower from its obligations under any Loan Documents the Guaranty Agreement if such Person (i) ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreementpermitted hereunder, or (ii) becomes an Excluded Subsidiary or satisfies the Exemption Condition as a result of a transaction permitted hereunder and in accordance with the terms hereof. Upon request by the Administrative Agent at any time, the Required Lenders Xxxxxxx will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items any Guarantor that is a Subsidiary of property, or to release any Subsidiary Guarantor the REIT from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.99.10. In each case as specified in this Section 10.99.10, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item Guarantor that is a Subsidiary of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor REIT from its obligations under the Subsidiary Guaranty Agreement, in each case Agreement in accordance with the terms of the Loan Documents and this Section 10.99.10.
Appears in 1 contract
Guaranty Matters. (a) Each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank and a potential Hedge Bank) and each L/C Issuer irrevocably authorize the Administrative Agent, at its option and in its discretion (i) to release any Subsidiary Guarantor from its obligations under any Loan Documents the Guaranty if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Restricted Subsidiary as a result of a transaction not prohibited by this Agreement. permitted hereunder, and (ii) to release all Guarantors from their obligations under the Guaranties in connection with the release of the Guaranties provided in Section 10.20(a).
(b) Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.9. 9.11.
(c) In each case as specified in this Section 10.99.11, the Administrative Agent will, at the BorrowerCompany’s expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.99.11.
Appears in 1 contract
Guaranty Matters. Each (a) Without limiting the provisions of Section 9.09, each of the Lenders (including in its or any of its Affiliate’s capacities as a potential Hedge Bank or Cash Management Bank and a potential Hedge Bank) and the L/C Issuer irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Subsidiary Guarantor from its obligations under any Loan Documents the Guaranty if such Person ceases to be (a) a Guarantor pursuant to Section 7.12 or (b) a Subsidiary as a result of a transaction not prohibited by this Agreement. permitted under the Loan Documents.
(b) Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under a Subsidiary the Guaranty Agreement pursuant to this Section 10.99.10. In each case as specified in this Section 10.99.10, the Administrative Agent will, at the Borrower’s Borrowers’ expense, execute and deliver to the applicable Credit Loan Party such documents as such Credit Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Security Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Subsidiary Guaranty AgreementGuaranty, in each case in accordance with the terms of the Loan Documents and this Section 10.99.10.
(c) The Administrative Agent shall not be responsible for or have a duty to ascertain or inquire into any certificate prepared by any Loan Party in connection therewith.
Appears in 1 contract